251 F. 258 | 2d Cir. | 1918
(after slating the facts as above).
Viewed as a copyright bill it must rest either on the registration of 1909 as to the drama or “stage play,” or that of 1916, by Cromelin, of the motion picture photoplay. In either aspect it falls on the face of the pleading, because as to the first assumption there is no endeav-
But it is not so pleaded; on the contrary, the bill declares that, months after Cromelin’s registration of what Tucker had adapted, defendants made their own film from a scenario by Potter. To be sure, it is plain enough that both these writers derived their ideas from the stage play of 1909; but it is not even alleged that Potter infringed (i. e., substantially copied) Tucker. Much less is it stated that defendants have obtained or pretend to have any rights derived by assignment or otherwise from Cromelin, De Croisset, Feblanc, or the Fondon Film Company, or that any of the foregoing is co-operating with defendants, or deriving profit from what they have done and are doing.
This, of course, assumes that, if De Croisset and Feblanc had never copyrighted Arsene Fupin in this country, they could have brought such an action as this. Whatever might have been possible without seeking copyright protection, it is pleaded that these authors did take out copyright in 1909, and that extinguished their so-called common-law rights. Photo-Drama Co. v. Social, etc., Co., 220 Fed. 448, 137 C. C. A. 42. Therefore nothing but a copyright bill will serve, and as above stated the suit is not sustainable on that ground.
Decree affirmed, with costs.